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Availment of exemption

RAMESH ANANTHAKRISHNAN

We are producing Nylon Multifilament yarn of various deniers comes under Chapter 54. Earlier the same was listed in 54041000. We are availing exemption Notification No. 30/2004-CE dated 09.07.2004. Now the Excise authorities asked clarification about the exemption. We understand that the product is to be classified under 5402 19 90. Kindly advise whether we can avail the exemption notification for 5402 19 90.

Excise exemption depends on matching tariff classification and the nylon yarn denier description; claim allowed if specifications match. Entitlement to the Excise exemption turns on tariff classification and factual conformity with the notification's denier specification and tolerance; if the nylon filament yarn matches the specified denier (including the allowed tolerance), it falls within the notification entry and the producer may claim the exemption. (AI Summary)
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Rama Krishana on Oct 22, 2009
Entry no. 7 of the notification covers the goods / items falling under 5402.19 regarding Nylon Filament yarn of 210 deniers or in the multiples thereof with tolerance of 6 per cent. Therefore, if your product are matching with this discription, you can claim exemption.
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